Ratio Decidendi
An advertisement in a periodical stating a price for goods is an invitation to treat, not an offer for sale, unless the language clearly indicates otherwise.
Facts
Partridge placed an advertisement in a magazine reading 'Bramblefinch cocks, bramblefinch hens, 25s each'. He was charged with unlawfully 'offering for sale' a wild bird contrary to the Protection of Birds Act 1954.
Judgment Summary
The Divisional Court held that the advertisement was an invitation to treat, not an offer for sale. Applying Fisher v Bell, the distinction between offers and invitations to treat was fundamental. The conviction was quashed.
Key Quotes
"I think that when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale."
— Lord Parker CJ
Subsequent Treatment
Consistently cited authority on advertisements as invitations to treat.